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On The Criminal Illegal Evidence Exclusion In China

Posted on:2014-07-27Degree:MasterType:Thesis
Country:ChinaCandidate:H L WuFull Text:PDF
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The Criminal Procedural Law not only writes the “respect and protect human rights”clause, but also makes specific provisions about the substantive and applicable proceduresinvolved in the exclusionary rules of illegal evidence. It marks the formal foundation of theillegal evidence exclusion rules at the legislative level in our country. These provisions areextremely important for proving our criminal proceedings evidence system, standardizinginvestigators actions to collect evidences, safeguarding defendants legal ights, preventing theoccurrence of misjudged cases, and promoting judicial civilization.But the exclusionary rules of illegal evidence is the introduction of new China’s criminalprocedure system, combined with the current situation of legislation and justice, theexclusionary rule of illegally obtained evidence in certain problemsstill exist in the judicialpractice operation, easy to appear not uniform anddeviation. The exclusionary rule of illegallyobtained evidence is in the judicial practice canbe effectively implemented, related tothe responsibility of criminal investigation,procuratorial and judicial departments and civilrights guarantee. In view of this, the basic theory of this paper a detailed study ofthe exclusionary rule of illegally obtained evidence; careful interpretation of the relevantprovisions of the new "criminal procedural law" exclusion of illegal evidence;analysis ofthe relationship between the two "rules of evidence" and the new"criminal procedural law" ofthe illegal evidence exclusion of illegal evidence;points out the establishment of the new “theriminal procedure law" exclusion rule in the progress and shortcomings; analysis of therelationship between the three organs of public security and the illegal evidence exclusionrules of newestablished; Finally, combined with judicial practice, a detailed analysis ofthe present investigation organs, procuratorial organs and judicial organs in the reality of thesituation by the exclusion rule of illegal evidence, summed up the public securityin theprocess of application of three organs in the face of obstacles, puts forward correspondingsolving path. I tried to through the above method to eliminate the in-depth study on the rule ofillegal evidence, in order to moreaccurately understand and apply the rules, so as to enhanceits in the judicial practice of the operation and effectiveness.
Keywords/Search Tags:Criminal procedural, Illegal evidence exclusion rule, Investigation, Prosecutorial work, Adjudication
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